10/10/2018 9:50 AM 18CV45543 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH. Case No. ) ) ) ) ) ) ) ) ) ) ) ) ) )

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1 // :0 AM CV JULIE CROSSE, v. Plaintiff, CITY OF PORTLAND, Defendant. IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH Case No. COMPLAINT FOR PERSONAL INJURY CLAIM NOT SUBJECT TO MANDATORY ARBITRATION PRAYER AMOUNT: $,. Fee Authority: ORS.0(1(c For her Complaint against Defendant City of Portland ( City, Plaintiff Julie Crosse ( Crosse alleges as follows: INTRODUCTION 1. On October 1,, Crosse appeared at City Hall in order to take part in a public meeting on the topic of the City s contract with the Portland Police Association. The public meeting was set to allow members of the public to voice their comments on the topic of the new contract; Crosse, a member of the public with a civic-minded interest in police matters, attended the meeting with the intention of making her comments to the members of the Portland City Council. Unbeknownst to Crosse, other members of the public planned to use the meeting to address topics other than the contract; as a result, the City cancelled the public meeting approximately thirty minutes after it began, before Crosse had the Page 1 COMPLAINT Suite Umpqua Bank Plaza One SW Columbia Street Portland, OR - (0-1

2 1 1 opportunity to make her statement. Members of the Portland Police Bureau forcibly removed the public from the meeting and from City Hall, corralling the public through the halls to one narrow point of exit, a narrow doorway that opened directly onto a staircase. Crosse was caught in the fray and shoved several times by police officers, including Portland Police Bureau Officers Jasmine Sutton and Heidi Kreis, along with at least one other unidentified officer, while trying to comply with officer demands and exit the premises. As a result, Crosse sustained a whiplash injury and post traumatic stress disorder as a result. Under the Oregon Tort Claims Act, the City of Portland, is liable for those officers tortious battery. THE PARTIES. At all times material herein, Plaintiff Julie Crosse was an Oregon resident living in Multnomah County.. Defendant City of Portland is a municipal corporation and public body within the State of Oregon located in Multnomah County.. The Portland Police Bureau is an agency of the City. The acts that give rise to Crosse s claims were committed by Portland Police Bureau Officers ( PPB Officers in the courts and scope of their duties on the public body s behalf. Under ORS 0.(1, the City must indemnify its officers and is therefore liable for the PPB Officers torts against Crosse.. Notice of this claim was properly given to the City within 0 days of the incident. FACTUAL BACKGROUND. The City of Portland, Oregon, has a long history of an engaged citizenry and is a hub for First Amendment activity. Large public gatherings and marches are commonplace and provide the citizens of Portland a means of expression and a chance to engage with politicians and other decision-makers about Page COMPLAINT Suite Umpqua Bank Plaza One SW Columbia Street Portland, OR - (0-1

3 1 1 important issues. Public forums provide citizens the chance to directly advocate for or against issues they deem personally important, spark conversation and debate, and engage in and impact the democratic process.. Portland also has a history of its law enforcement agency, the Portland Police Bureau ( PPB, clashing with protesters, often in violent confrontations. The PPB has become increasingly militarized in its tactics, deploying chemical and physical crowd-control and weapons while they themselves are protected by their helmets, full-body shields, and other tactical gear. Violent confrontations between police and members of the community, including protesters, have led to community concerns about their tactics, staffing, and other issues such as the use of body cameras. The open forum on October 1,, was meant to allow members of the public to address some of those concerns as they were being handled by a new contract between the City and the police union.. On October 1,, demonstrators, speakers, and observers gathered at City Hall to engage in the public forum; Crosse was present to voice her protest over the City Council vote on the police union contract. The forum took place on the second floor of City Hall. At approximately 1: p.m., officials ordered an evacuation of City Hall; PPB Officers responded by blocking one end of the hall, removing the public from the room in which the meeting was held, and forcing the crowd through a second-floor exit.. As PPB Officers ordered the crowd to leave, Crosse asked an unidentified officer if she could get her coat, which she had left on a bench outside of the meeting room the crowd was being removed from. A wall of PPB Officers had blocked her access not only to the bench, but also to the other exit points on the second floor. The officer asked her to remain where she was and brought her coat to her; when she turned around to leave, a wall of people was in front of her. Page COMPLAINT Suite Umpqua Bank Plaza One SW Columbia Street Portland, OR - (0-1

4 1 1. Crosse had nowhere to move, with peaceful members of the public in front of her and a line of PPB Officers behind her. An altercation began to the right, in front of her. Suddenly and without warning, she was shoved by one of the PPB Officers from behind. Crosse turned to ask them where she should go, as there was no room to move. She was immediately, and again without warning, shoved three more times, once by PPB Officer Jasmine Sutton, once by PPB Officer Heidi Kreis, and once by an unidentified PPB Officer.. As Crosse tried to make her way down the stairs, other members of the public were falling and being pushed down the stairs. She witnessed PPB officers shoving and punching individuals, including one unidentified person who was trapped behind a handrail and unable to move per the officers orders. People were bleeding and as she neared the exit she found a friend who had accompanied her, unconscious on the ground. Crosse eventually made her way out of the building and away from the chaotic scene. CLAIM FOR RELIEF BATTERY 1. Crosse incorporates by reference the allegations above. 1. When PPB Officers shoved Crosse from behind, they intentionally used excessive force. As such, the City is liable for battery. Because the officers force was excessive and because they were not effectuating an arrest, their actions were not privileged under ORS 1.. Because Crosse and others were invited onto the premises by the fact that there was an open and public forum taking place, and because Crosse was complying with the evacuation of the building, their actions were not privileged under ORS 1.. Page COMPLAINT Suite Umpqua Bank Plaza One SW Columbia Street Portland, OR - (0-1

5 . The PPB Officers excessive use of force caused Crosse injuries, including whiplash, posttraumatic stress disorder, and pain and suffering. She has received medical treatment for these injuries totaling $,. which represent her economic damages. Her non-economic damages total $,. As a result of these injuries, Crosse has suffered damages in an amount to be determined by a jury not to exceed $, WHEREFORE, Plaintiff Crosse prays for judgment from this Court on her claims as follows: 1. For a judgment against the City in a sum not more than $,.;. For a judgment against the City for Plaintiff s reasonable attorney fees, costs, and disbursements; and. For such other and further relief as the Court deems just and equitable. 1 1 Dated this th day of October,. s/ Roscoe C. Nelson ROSCOE C. NELSON OSB # mail@roscoecnelson.com Attorney for Plaintiff Julie Crosse Page COMPLAINT Suite Umpqua Bank Plaza One SW Columbia Street Portland, OR - (0-1